Terms & Conditions of Sales

Ingram Micro Pty Ltd - Online and Phone Sales Terms & Conditions

ATTENTION:

Please read these Terms carefully as they apply to orders submitted by you either online or over the phone for products and services available on the HyperX store website.

Products and services purchased through the HyperX Store are sold and distributed by Ingram Micro Pty Ltd ABN 45 112 487 966 (“Ingram”). By ordering online or over the phone you confirm that you agree to these Terms governing such purchases.

HP PPS Australia Pty Ltd (ABN 16 603 480 628) ("HP") and its affiliates are the host of the HyperX Store, and any use of the HyperX store website will be governed by the https://www.hp.com/au-en/shop/terms-of-use.

Prices and Delivery Charges

Prices, delivery charges and payment will be as specified in the HyperX Store, as determined when ordering online. If applicable, Ingram will list delivery charges as a separate line item on its invoices. Prices will include the applicable goods and services taxes as at the date that the order is accepted by Ingram and the sale has been processed and concluded.

Ingram reserves the right to change prices published on the HyperX Store prior to acceptance of that order by Ingram.

Where there has been a typographical or other error in the price, Ingram has the right to correct the price at any time prior to delivery. You will be notified of the corrected price. You may choose to pay the corrected price, however if you do not choose to pay the corrected price, then Ingram may cancel your order and will issue a refund or credit to your account if you have already paid.

Prices quoted do not include installation.

Orders

All orders are subject to acceptance by Ingram. Ingram will provide you with an order acceptance or rejection notice as soon as reasonably possible.

You will specify a delivery address within Australia ONLY.

Once Ingram has accepted your order, it is final and binding upon you. Products purchased within Australia will only be shipped or delivered within Australia. You may not export any products purchased at the HyperX Store.

Order Cancellation

Ingram has the right to cancel any accepted order prior to delivery in the event of any pricing error (as referred to above) or any material error outside of Ingram’s control in connection with your order or other conditions published in the HyperX Store relevant for your order, or if any further verification of your credit conditions or records so warrants. If you have already made payment and your order is cancelled, a refund will be issued to your account.

Title and Risk of Loss

Title to hardware products passes to you upon the later of full payment and delivery of the products. Risk of loss and damage pass to you upon delivery.

Products Availability & Discontinuance

Availability of the products is limited, and products may not be available for immediate delivery. You will be contacted if the product is no longer available or if there will be a substantial delay in delivering the products to you. If the products are no longer available, you will be contacted to discuss what (if any) alternative products are available. You will have the option to cancel or amend your order. If you have already made payment and your order is cancelled, a refund will be issued to your account. If your order is amended and purchase price changes, you will pay any additional amount due in accordance with the payment terms set out in these Terms or you will be issued a refund to your account.

Personal Use

Products and services acquired by you under these Terms are solely for your personal use and not for immediate resale or sub-licensing.

Your responsibilities

The products are capable of retaining user-generated data.

You should make periodic backup copies of the data, files and programs stored on your products, including hard drives and storage devices, as a precaution against possible failures, alteration, or loss of the data.

Before returning any product for service (including repair), be sure to back up data and remove any confidential, proprietary or personal information. Data may be lost during service (including repair).

You should maintain a separate backup system or procedure that is not dependent on the products so you can reconstruct lost or altered files, data, and programs.

Warranty

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to:

• cancel your service contract; and
• a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund for any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the foods or service.

In addition, all HyperX branded products are covered by the applicable HP limited warranty according to the terms and limitations specified in the warranty statement bundled with such products. Please see the warranty statement bundled with the product or contact HP on the details below for further information or if you have any questions.

Products may have been manufactured using some refurbished components or may have been used internally for reliability or performance testing.

Goods presented for repair may be replaced by new or reconditioned or refurbished or comparable versions of the same type of goods rather than being repaired. New or reconditioned or refurbished or comparable versions of parts may be used to repair the goods.

Software Licences

HyperX software products are subject to HP standard licence terms posted in the HyperX Store. Non-HyperX software products and, exceptionally, some HyperX software products may be subject to different licence terms, as provided with such products.

Limitation of the Liability

Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition implied or imposed by the Australian Consumer Law which cannot be lawfully excluded or limited.

Save for any rights you may have at law which cannot be excluded, limited or modified, including your consumer guarantee rights contained in the Australian Consumer Law (and referred to above):

• no warranty is given that the operation of products will be uninterrupted or error-free;
• no responsibility is taken for damage that occurs as a result of your failure to follow the instructions intended for the product;
• no liability is taken for loss of data as it expects you to make appropriate arrangements to back up your data;
• no liability is taken under the Terms for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising, whether caused by tort (including negligence), breach of contract or otherwise;
• and any term or condition of your order which is any way inconsistent with or in addition to these Terms will not be applicable or binding unless otherwise agreed in a written agreement and any failure to object will not be considered a waiver of these Terms.

Nothing in this Terms excludes or limits liability for death or personal injury (including to the extent caused by its negligence) or for any other liability that cannot be excluded or limited by law

The maximum aggregate liability under the Terms whether in contract, tort (including negligence) or otherwise, save for any rights you may have at law which cannot be excluded, limited or modified, including your consumer guarantee rights contained in the Australian Consumer Law, shall in no circumstances exceed the amount payable by you to us in respect of the HyperX branded products in question.

Protection of Personal Data

You agree that any personally identifiable information you provide in connection with the HyperX Store is collected by HP and may be used by HP in accordance with the terms specified in the HP Privacy Statement available at the bottom of the HyperX Store web pages.

You also agree that HP may use personal information provided by you in order to conduct appropriate anti- fraud checks. Personal information that you provide may be checked against a credit reference or fraud prevention agency, which may keep a record of that information.

Export Statement of Assurance

Products obtained under these Terms may be subject to Australia and other government export control laws and regulations. You must comply with those regulations whenever you export or re-export controlled products or technical data obtained from Ingram or any product produced directly from the controlled technical data.

Other applicable terms

Products are manufactured for standard commercial uses and are not intended to be sold or licensed for use in critical safety systems, in hospitals in situations where uninterrupted performance is desirable or in nuclear facilities.

Ingram is not responsible for delay or failure to perform under these Terms due to causes beyond its reasonable control.

Each party will treat and hold confidential information provided by the other party which is marked as confidential or proprietary.

Ingram may subcontract the performance of services to qualified service suppliers.

All documents referred to in these Terms are incorporated into these Terms and are available from Ingram upon request.

Any customer site access requirements will not be enforceable to either increase the obligations or liabilities or reduce the rights under these Terms of Ingram, its officers, employees, or subcontractors.

Governing Laws

Any contract or dispute arising in connection with Terms will be governed by laws in force in Australia.

Warranty Support (Australia)

HP PPS Australia Pty Ltd
Building F, Level 5, 1 Homebush Bay Drive,
Rhodes, NSW 2138, Australia
For phone support, please contact:

HyperX Support

+61 2 8031 8276
Monday to Friday 08:30 - 20:30 (Sydney time)

Unless otherwise agreed by HP or required by law, including the Australian Consumer Law, you are responsible for the cost of returning goods to HP for warranty support. Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.